The Estate of Richard Butler Hamilton Lowe, Owner; Catherine Delany, Petitioner
| Jurisdiction | UK Non-devolved |
| Judgment Date | 08 April 1854 |
| Date | 08 April 1854 |
| Court | Privy Council |
Privy Council.
Huthwaite's caseUNK 2 Ir. Ch. Rep. 54.
Latouche v. Lord Dunsany 1 Sch. & Lef. 160.
Wilcocks v. Lowe 6 Ir. Jur. 101.
CHANCERY REPORTS. 97 1854. Privy Council. In the Matter of the Estate of RICHARD BUTLER HAMILTON LOWE, Owner; CATHERINE DELANY, Petitioner.* (Judicial Committee of the Privy Councii.t) April 8. IN Trinity Term 1827, Michael Williams obtained a judgment The rale es tablished by in the Court of Exchequer, against Richard Butler Hamilton Lowe, Huthwaite's Case (2 Ir. Ch. in the penal sum of £2000, upon his bond, conditioned for the Rep. 54), that an un-redock payment of the principal sum of £1000 debt, besides costs. In 1831, eted judgment isanndot only null Michael Williams assigned the judgment to James Morris and Richard Smithwick. On the 24th of October 1844, Richard Smith- against a sub- sequent mort- wick caused an affidavit to be filed in the proper office, for the gage, but a nullageandut void purpose of redocketing the judgment, and paid the proper fees .against an intervening thereon. The affidavit was in every other respect in conformity redocketed judgment, is with the requisites of the statute, 9 G. 4, c. 35, but by mistake the applicable, though the name of the conusor was inserted in the title thereof as Robert fund should be insufficient to Butler Hamilton Lowe. reach the mort gagee's de Several judgments were recovered against R. B. H. Lowe, mand. between 1827 and the 3rd of October 1842, which were duly re-docketed. On the 3rd of October 1842, R. B. H. Lowe mortgaged the lands sold in this matter, to Thomas Kearney, to secure the repayÂment of £22,000, with interest. The last mentioned judgments were assigned to Thomas Kearney, as collateral security. On the 3rd of March 1847, two other mortgages were executed by R. B. H. Lowe, one to Richard Willoughby, the other to Catherine Delany. Petitions were filed by them for the sale of the lands in the * Reported by E. S. TREVOR, Esq. Before the LORD CHANCELLOR, the LORD CHIEF JUSTICE of the Common Pleas, the Right Hon. Mr. JUSTICE BALL, the Right Hon. BARON GREENE, the Right Hon. F. BLACKBURNE, and the Right Hon. JOHN HATCHELL. VOL. 4. 13 98 CHANCERY REPORTS. Incumbered Estates Court, and the estates were sold. The fund realised was sufficient to satisfy a portion of the amount due on the judgments assigned as a collateral security to the mortgage of...
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Re Armstrong
...Division V.-C. (1892. No. 788.) IN RE ARMSTRONG. In re HuthwaiteUNK 2 Ir. Ch. Rep. 54. In re LoweUNK 4 Ir. Ch. Rep. 97. Latouche v. Lord Dunsany 1 Sch. & Lef. 137. M' Cowan 7 Ir. Jur. 389. Peacocke v. HaroldUNK 21 L. R. Ir. 351. Jointure and portions charged on lands — Postponement of joint......